If a state's attorney is informed that a citation or report has been issued for a juvenile cited violation, the state's attorney may take any action permitted pursuant to § 26-7A-10, except that a state's attorney may only file a petition pursuant to subdivision 26-7A-10(5) if:

1. (1) The child is cited or a report is filed pursuant to subdivision 26-7A-126(1), (2), or (4); or
2. (2) The child is cited pursuant to subdivision 26-7A-126(3), and has two or more prior judgments for the same violation. If the state's attorney intends to proceed on a petition for a violation of the provisions in § 26-7A-126 pursuant to subdivision (1) or (2) in this section, the provisions of § 26-7A-11.1 apply.

Source: SL 2015, ch 152 , § 38, eff. Jan. 1, 2016; SL 2017, ch 115 , § 4, eff. Mar. 13, 2017.